Abstract
Abstract: Very often the European Courts make use of legal maxims or adages coming out of the ancient Roman-Canon ius commune in their decisions (or conclusions of the Advocates General), even in their original Latin form, as a way of solution of cases where no clear rule in the Community legal order is found. In this paper different possible interpretations thereof are discussed, just as a simple rhetorical devise, an expression of European Community law principles, or a consequence of the ‘subconscious’ remaining of ancient ius commune in the core of the new European (private) law, at any case as a means of harmonizing European law other than of codification or legislative acts.
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